The Board denied an evaluation in excess of 40 percent for the veteran's service-connected chronic myositis and strain of the lumbar paravertebral muscles, as the evidence did not support a finding that the disability more nearly approximated pronounced IDS or incapacitating episodes having a total duration of at least six weeks during the past year.
The deciding factor: The medical evidence did not more nearly approximate a finding of pronounced IDS, or a finding of incapacitating episodes having a total duration of at least six weeks during the past year. The veteran's disability was manifested by chronic myositis, a minor strain, and intervertebral disc syndrome (IDS), but there was no evidence of ankylosis of the entire thoracolumbar spine.
- Claimed conditions
- chronic myositis, strain of the lumbar paravertebral muscles, intervertebral disc syndrome (IDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 20, 2008
- Citation
- 0816617
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
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